In re Bensel
Appellate Division of the Supreme Court of the State of New York
Appeal by Reese Carpenter and others from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester oil the 14th day of December, 1910, denying the appellants’ motion to reopen the proceeding and refer the same back to the commissioners of appraisal.
1Opinion of the Court
Jenks, P. J. :
The proceeding, begun in 1909, is for the condemnation of certain lands, for the purposes of the water supply of the city of New York, pursuant to chapter 724 of the Laws, of 1905, which included a certain tract of 8.6 acres , belonging to the Kensico Cemetery, a corporation organized in 1889 pursuant to an act passed April 27, 1847 (Chap. 133), entitled “An act authorizing the incorporation of rural cemetery associations ” and the acts amendatory. The Kensico Cemetery appeared in the proceeding, filed a claim for; damages and received an award. This appeal is. taken by holders…
2Cases cited7 opinions
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Matter Appl'n Mayor, Etc., of City of N.Y.New York Court of Appeals · 1885
- Upington v. . CorriganNew York Court of Appeals · 1896
- Watson v. New York Central RailroadNew York Court of Appeals · 1872
- American Exchange National Bank v. Woodlawn CemeteryAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by1 opinion
- In re ChaunceyAppellate Division of the Supreme Court of the State of New York · 1920